News

If you practice or are interested in International Law, Communications Law, Local Government Law, Animal Law or LGBT issues, the Tennessee Bar Association would like to hear from you. The TBA’s Membership Committee is considering the creation of new sections for each of these five areas, but first needs to gauge member interest in these practice areas. Learn more about the potential sections on the TBA.org website and contact Membership Director Kelly Stosik if you are interested in joining or helping to form one or more of these sections.

The YLD Children’s Issues Committee is accepting nominations from Tennessee CASA agencies for the 2015 CASA Volunteer of the Year Award. The deadline to submit an application is Dec. 8. Please encourage your local CASA directors to nominate a hard-working volunteer for this statewide recognition! The winner, as well as the executive director of the agency where the volunteer works, will be recognized at the YLD Winter Board Meeting in Nashville in January. Contact chair Katrina Atchley Arbogast for more information. Get application materials and see past winners on the award website.

Tennessee law students interested in applying for the 2015 Diversity Leadership Institute (DLI) have until Dec. 1 to get their applications in. Now in its fifth year, the program offers a six-month leadership experience for second, third and fourth-year students. The goal of the program is to have a diverse class, so selection is based in part on race, ethnicity, gender, age, background, geographical factors and law schools attended. Student participants must be TBA members and commit to attend three in-person meetings. For more information contact YLD Diversity Committee Chair Ahsaki Baptist, (901) 537-1123.

The deadline for the YLD’s 2014 Diversity Survey has been extended! Please take a minute to respond so division leadership can better understand the composition of the group and ways to strengthen diversity among the membership. Participation is voluntary and responses are anonymous. The survey will be available throughout the month of December. If you have technical questions about the survey contact TBA staff member Stacey Shrader Joslin, (615) 383-7421. If you have questions about the purpose or use of the survey, contact Diversity Committee Chair Ahsaki Baptist, (901) 537-1123.

The TBA YLD Mock Trial Committee released the problem and rules for the 2015 Tennessee High School Mock Trial Competition this week. The list of district coordinators also was released. This year’s problem involves charges of vehicular homicide and reckless endangerment against the driver of a car, who may have been texting when a motorcycle rider is hit and killed. The case comes down to discrepancies in eyewitness reports, physical evidence at the scene and the vehicle’s event data recorder. Throw in a few teenagers, a disgruntled former Air Force pilot and a quirky town drunk and you have all the components to make this year’s competition a fun and educational experience.

Also, this year for the first time, TBA is using Twitter to communicate case and competition news to students, teachers, team coaches and others interested in staying informed. Feel free to follow the mock trial Twitter account @tnmocktrial. If you want to post about this year’s case or competition feel free to use #tnmock15. Those interested in receiving updates by email may sign up here.

A recent TBA survey of private attorneys who handle court appointed work shows they feel undervalued, overworked and unfairly compensated. More than half of those who took the survey reported that they frequently hit the fee cap on appointed cases, while 77 percent reported that they do not bother submiting a fee claim given the issues associated with getting paid. Survey responses also indicated an overwhelming number of cases are not adult criminal cases, but dependency, neglect and abuse work, generally as a guardian ad litem or a parent's attorney. More than half of respondents left lengthy comments on their experience with court appointed work, with many reporting that they love doing the work but cannot continue doing so at the current compensation rates, likening the work to doing pro bono. Respondents also reported that the filing requirements frequently add stress to an already difficult-to-handle clientele. With a compensation rate that has not changed since 1994, Tennessee court-appointed attorneys are among the lowest paid in the nation. Read more from the survey results.

The Tennessee Bar Association is "the most vivid example in the bar world" of effective use of the game format for online CLE programs, Dan Kittay writes in the latest issue of the ABA’s Bar Leader magazine. The TBA has spent five years researching different approaches to gamification, and also which software is best for creating interactive games, TBA CLE director Mindy Thomas Fulks told the magazine. Advocates of gamification say that it offers an alternate approach that is proving successful. Fulks credits TBA Executive Director Allan Ramsaur with striving to keep the bar “trendsetting.”

The Tennessee Supreme Court welcomed several hundred new attorneys to the practice of law during ceremonies across the state this week. On Tuesday, the Tennessee Bar Association hosted an open house for new attorneys and their families. Photos from the event are now available.

The Tennessee Supreme Court welcomed several hundred new attorneys to the practice of law during two ceremonies today at the War Memorial Auditorium in Nashville. Similar ceremonies have been or will be held in Knoxville, Memphis and Jackson. During the break between the two Nashville ceremonies, many new attorneys and their families attended an open house at the Tennessee Bar Center. Watch TBA.org for photos from that event.

American Bar Association YLD – This year’s ABA YLD Chair Andrew Schpak unveiled the group’s service project for the year at the fall meeting this month in Portland. “Project Street Youth: Young Lawyers Advocating for Homeless Youth” will focus on educating the public about the issue of homeless youth, promoting model state laws that address the needs of homeless youth, and holding legal clinics to help homeless youth with credit and consumer issues, public benefits and minor criminal matters.

With more Tennessee attorneys – especially new lawyers – deciding to “hang out” their own shingle and begin a solo or small firm practice, the TBA has developed the Solo in a Box Toolkit. Each issue of E-DICT this year will spotlight one of the toolkit’s 12 sections. This month we look at the kinds of insurance lawyers should consider.

In the “Understanding Insurance Needs” section, the Solo in a Box Toolkit looks at the kinds of insurance products lawyers should consider. First, it addresses the importance of malpractice insurance. When starting a solo practice, lawyers want to minimize overhead expenses, but professional liability insurance should be considered a necessary expense. Lawyers should consider two types of malpractice coverage: “claims-made and reported” and extended reporting (“tail”).

The YLD is conducting its bi-annual diversity survey this November to better understand the composition of the division membership and provide guidance on how to strengthen diversity in the group. We value your time and promise that the survey will take less than five minutes to complete. Participation is voluntary and responses are anonymous. The 2014 survey will be available until Nov. 21 at midnight. If you have technical questions about the survey please contact TBA staff member Stacey Shrader Joslin, (615) 383-7421. If you have questions about the purpose or use of the survey, please contact Diversity Committee Chair Ahsaki Baptist, (901) 537-1123.

The YLD will again this year provide free wills and other end of life documents for first responders in Tennessee. The following clinics have been scheduled for the fall. Please contact the event organizer for more details or to volunteer. To get involved in the Wills for Heroes Committee or to request a clinic in your area, contact committee chair Joann Coston-Holloway. Learn more about the Wills for Heroes program.

The YLD Board met for its Fall Meeting in September and recognized the efforts of two volunteers. YLD President-Elect Rachel Ralston Mancl was honored for her willingness to go the extra mile this year by serving as vice president and president-elect, chairing the Long Range Planning Committee and spearheading an effort to update the division’s bylaws with regard to succession planning. Mancl is an attorney with Hunter Smith & Davis in Kingsport.

Memphis lawyer Nicole M. Grida also was honored for providing exceptional leadership as chair of the CLE Committee.

She is an attorney for Zurich North America working at the Law Offices of Lauren Holloway.

The manual guides attorneys through common issues that arise following a disaster, including replacing lost documents, dealing with landlord tenant issues, working with insurance companies and regaining access to federal and state benefits after being displaced.

The manual also includes a directory of all court clerk, county clerk, register of deed, health department, human service, Social Security, immigration and legal aid offices in the state. Learn more here.

Special thanks goes to this year's Disaster Committee Chair Caitlyn Elam with Lewis Thomason in Knoxville and committee members Matt Potempa with Martin Heller Potempa & Sheppard and Mary Beth Haltom with Lewis Thomason, both in Nashville.

The 2013-2014 YLD public service initiative, undertaken last year under the leadership of then president David McDowell, has won another award. The Library Education Project, which was designed to train librarians across the state about the free legal resources available to the public, was named the top public relations effort by a bar association by the National Association of Bar Executives (NABE). The organization’s Communications Section presented the award to TBA staff at its annual conference in Indianapolis this month.

By the end of the program, at least one librarian had been trained in each of Tennessee's 95 counties!

The TBA Mentoring Program is still accepting applications for mentors to join the program for upcoming classes. Volunteers are particularly needed in the Gatlinburg and Sevierville areas.

Mentors must be TBA members, should have at least eight years of legal practice experience, must carry professional liability insurance, may not have had a formal BPR investigation pending or disciplinary action imposed in the last 10 years, and may not have ever been disbarred. In addition, mentors and their mentees may not work for the same employer.

Contact TBA staff member Christy Gibson, (615) 383-7421 at the TBA for more information.

The YLD Mock Trial Committee is working hard to get this year’s case ready for release in mid November. The 2015 mock trial problem will be criminal in nature and feature all of the twists and turns expected from the mock trial experience. District coordinators also will be announced when the case is released. Teams seeking to get a head start on preparing should consider watching footage of past championship rounds. The TBA has DVDs of previous championship rounds for sale. Order from our online store or download an order form here. Check the YLD's mock trial webpage for updated information next month.

The TBA YLD this week announced the application process and deadlines for two programs offered to Tennessee law students. Watch for information about both programs to be distributed on law school campuses next week.

Diversity Leadership Institute – The 2015 Diversity Leadership Institute is a six-month leadership program for Tennessee law students in their second, third or fourth years of study. The goal of the program is to have a diverse class, so selection is based in part on race, ethnicity, gender, age, background, geographical factors and law schools attended. Student participants must be TBA members and commit to attend three in-person meetings. Applications are due by Dec. 1. For more information contact YLD Diversity Committee Chair Ahsaki Baptist, (901) 537-1123.

Judicial Internship Program – The YLD also this week rolled out application materials for the 2015 Summer Judicial Internship Program, which matches first and second year law students with Tennessee appellate and trial judges for six or 12-week internships. Applications must be received by Feb. 2, 2015. The program is administered by the Membership & Law School Outreach Committee. For more information contact committee chair Nathan Shelby, (731) 425-7949.

Law Student Liaisons – Law student liaisons have now been named for the 2014-2015 academic year at each of the state’s six law schools:

Belmont University College of Law – Andrew Wood

Lincoln Memorial University Duncan School of Law – Sarah Booher & Molly Hardin

Results from the July Tennessee bar exam were released earlier this month with 537 applicants successfully passing the exam. Congratulations to all! The legal profession will welcome these colleagues to the practice of law next week at admission ceremonies across the state.

On Monday, new lawyers in Knoxville will appear before the state Supreme Court during a ceremony at the City County Building at 10 a.m. The court will then travel to Nashville for two sessions – one at 10 a.m. and one at 1:30 p.m. – Tuesday at the War Memorial Auditorium. Between the sessions, new lawyers and their families are invited to attend an open house and luncheon at the Tennessee Bar Association from 11:30 a.m. to 1:30 p.m. On Wednesday, the court will be in Jackson to swear in new lawyers at the Supreme Court Building beginning at 9:30 a.m. Finally, on Thursday, the court will travel to Memphis to swear in new lawyers at a 10 a.m. ceremony at the Memphis City Council Chambers. TBA YLD representatives will be at each ceremony to welcome these new lawyers to the profession and offer information about association membership.

The TBA Young Lawyers Division is seeking attorneys to volunteer at a Wills for Heroes legal clinic in Gallatin on Nov. 8. Over 60 emergency first responders have signed up to receive estate planning documents that day. The clinic will start at 9 a.m. at the Gallatin Civic Center. Those available to volunteer should contact YLD District 8 Representative Cherrelle Hooper, (615) 451-1880. The YLD has been conducting Wills for Heroes clinics since 2008 and has served more than 2,500 first responders and their families. Learn more about Wills for Heroes.

The Legal Aid Society of Middle Tennessee & the Cumberlands and the Nashville Bar Association YLD are co-sponsoring a legal clinic at Casa Azafran Friday from 2:30 to 5 p.m. The clinic is hosted the third Friday of every month and walk-in clients are welcome. Volunteers should contact Lucinda Smith for more information. See a list of all events taking place around the state this month as part of Celebrate Pro Bono.

Congratulations on joining the practice of law in Tennessee! This is an important milestone and an achievement of which you should be proud. I look forward to joining you at the Tennessee Supreme Court admission ceremony in Nashville. If you like, I can introduce you to the Court on behalf of your colleagues.

YLD President Rachel Moses has announced her public service initiative for the year. During the first annual Access to Justice Week, young lawyers will be asked to plan and participate in legal clinics across the state. This “Statewide Legal Clinic Initiative” will take place in the week leading up to and following Law Day 2015, which is observed on May 1. Moses, an attorney with the Legal Aid Society of Middle Tennessee & the Cumberlands, has made pro bono service a key component of her platform for the year. Those interested in helping organize a clinic in their area should contact their local district representative, who will be taking the lead in producing these events. A directory of representatives is available online.

The Tennessee Bar Association is seeking to learn more about court-appointed work and the filing of related fee claims with the Administrative Office of the Courts. Your feedback is crucial. Please take two to three minutes to fill out the questionnaire about your experience with court-appointed work. All responses will be kept anonymous. If you would like to be a part of the TBA's effort to change the rate of compensation for court-appointed attorneys by speaking to your legislator, email TBA Public Policy Coordinator Josie Beets.